Pecos County Small Claims Court, Texas

Can I file my small claims case in Pecos County?

The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011). Small Claims Court cases for Pecos are heard in 4 LOCATIONS throughout Pecos County.

Pecos County Small Claims Court

Pecos County Court Clerk

The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Pecos County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.

Types of Cases

Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.

Can I file my case in small claims court?

The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This would be called injunctive relief.

Are Appeals Allowed?

Yes, but only if the amount in controversy is in excess of $250.

Can I hire an attorney?

You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.

How are trials conducted?

Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.

Who is the judge in a Small Claims Court case?

The justice of the peace for Pecos County presides over small claims court actions for Pecos County.